12th October 2018
USSR and EU Comparison Page II - Soviet Union Constitutions Continued
The 1924 Constitution established the Congress of Soviets to be the supreme body of state authority, with the Central Executive Committee holding this authority in the interim. The Central Executive Committee is divided into the Soviet of the Union, which would represent the constituent republics, and the Soviet of Nationalities, which would represent the interests of nationality groups. The Central Executive Committee of the Soviet Union served as the collective presidency.
The 1936 Soviet Constitution was adopted on 5 December 1936 and also known as the "Stalin Constitution", it redesigned the government of the Soviet Union."It purported to be highly democratic, with multiple guarantees of rights and democratic procedures. Supporters around the world hailed it as "the most democratic constitution imaginable". In practice, it solidified the total control of the Communist Party and its leader Joseph Stalin."
Historian J. Arch Getty concludes:
"Many who lauded Stalin's Soviet Union as the most democratic country on earth lived to regret their words. After all, the Soviet Constitution of 1936 was adopted on the eve of the Great Terror of the late 1930s; the "thoroughly democratic" elections to the first Supreme Soviet permitted only uncontested candidates and took place at the height of the savage violence in 1937. The civil rights, personal freedoms, and democratic forms promised in the Stalin constitution were trampled almost immediately and remained dead letters until long after Stalin's death." (Wikipedia)
Many countries in the Eastern bloc adopted constitutions that were closely modelled on the (1936) "Stalin" Constitution.
Constitution of the Soviet Union (1977)
At the 7th (Special) Session of the Supreme Soviet of the Soviet Union Ninth Convocation on October 7, 1977, the third and last Soviet Constitution, also known as the Brezhnev Constitution, was unanimously adopted. The official name of the Constitution was "Constitution (Fundamental Law) of the Union of Soviet Socialist Republics".
The preamble stated that"the aims of the dictatorship of the proletariat having been fulfilled, the Soviet state has become the state of the whole people." Compared with previous constitutions, the Brezhnev Constitution extended the bounds of constitutional regulation of society. The first chapter defined the leading role of the Communist Party of the Soviet Union (CPSU) and established principles for the management of the state and the government. Articles related 1 defined the USSR as a socialist state, as did all previous constitutions":
The Union of Soviet Socialist Republics is a socialist state of the whole people, expressing the will and interests of the workers, peasants, and intelligentsia, the working people of all the nations and nationalities of the country.
The difference is that, according to the new Constitution, the government no longer represented the workers and peasants alone. Later chapters established principles for economic management and cultural relations.
The 1977 Constitution was long and detailed. It included twenty-eight more articles than the 1936 Soviet Constitution. The Constitution explicitly defined the division of responsibilities between the central and republic governments. For example, the Constitution placed the regulation of boundaries and administrative divisions within the jurisdiction of the republics. However, provisions established the rules under which the republics could make such changes. (Just like the EU)
Unlike preceding versions of the Soviet Constitution, the 1977 Constitution introduced an amendment making official the right promised in previous constitutions, of the right of constituent Soviet republics to secede from the Union. (just like the EU) However, there was no legal precedent for secession, and Articles 74 and 75 stated that when a Soviet constituency introduced laws in contradiction to Supreme Soviet, the laws of the Supreme Soviet would supersede any legal movement from the Soviet constituent (Just like the EU). Though Article 72 would later play an important role in the dissolution of the Soviet Union, Articles 74 and 75 show that the future dissolution of the USSR was never the intention of the 1977 Constitution:
Article 74. The laws of the USSR shall have the same force in all Union Republics. In the event of a discrepancy between a Union Republic law and an All-Union law, the law of the USSR shall prevail.
Article 75. The territory of the Union of Soviet Socialist Republics is a single entity and comprises the territories of the Union Republics. The sovereignty of the USSR extends throughout its territory.(Wikipedia)
We end this section on Soviet Constitutions, since the 1977 Constitution lasted until 1991 at which time the USSR ceased to exist and its successor was the Russian Federation.
Treaty of Rome (1957) was signed at the time when the USSR was under the 1936 "Stalin" Constitution - which ended with the 1977 Soviet Constitution.
By which time the UK had been taken into the so called "Common Market" through the European Communities Act (1972) signed by the Heath government and Parliament with the help of the Labour Party. The British people were duped into joining and further ratifying the deception under a Referendum in 1975 through a continuation of the original deception - that, in joining the EEC, Britain would not lose its sovereignty.
The next Treaty was the Single Market Act (1986) brought about by Margaret Thatcher, an action she later regretted and she railed against the EEC direction in the "The Bruges Speech" - which led to her replacement by John Major - see a short extract from the speech below viz.
With the Maastricht Treaty (1992) the EEC shows its true intentions with the introduction of the EU citizenship - similar to the Soviet citizenship - a new nationality; a new nation and a new, different society with its own currency (Euro) and the beginning of centralisation towards a single government, the Eurozone (for more see Building a Totalitarian Police State by Stealth)
Note the similarity with the Soviet 1977 Constitution: Article 75. The territory of the Union of Soviet Socialist Republics is a single entity and comprises the territories of the Union Republics. The sovereignty of the USSR extends throughout its territory.
Maastricht was followed by the Amsterdam (1997) and Nice Treaties (2001), but most importantly the Lisbon Treaty (2007) - the first treaty to offer a way to leave the EU with Article 50 - but a similar offer had been made through an amendment to the 1977 Soviet Constitution (article 72) - and just like the Lisbon Treaty (2007) Articles 74 and 75 stated that when a Soviet constituency introduced laws in contradiction to Supreme Soviet, the laws of the Supreme Soviet would supersede any legal movement from the Soviet constituent." - incorporated into the ECA (1972) and Lisbon Treaty (2007)
Essentially, it is already clear that the Lisbon Treaty (2007), and indeed the entire EU project is modelled upon the old Soviet Union, and borrows from the Constitutions of the Soviet Union - necessarily excluding any claims to being controlled by a Communist Party - the ECJ recently declared the Lisbon Treaty to be a Constitutional Treaty - a Constitution which could not have been possible had it not been placed within that treaty by stealth and with the collusion of the Labour Party (Gordon Brown and David Miliband signed us up to Lisbon Treaty (2007)).
The Lisbon Treaty (2007) is a blueprint for a centrally controlled Totalitarian Police superstate which we are being trapped within by our very own elected representatives; by majority in the Commons and Lords - we get a flavour of how the EU despises and disrespects its own citizens by the fact that they secreted the rejected Constitution for Europe (2004) within the texts of the Lisbon Treaty (2007); thus making it unreadable - according to Ryannair boss O' Leary during the 1st Irish Referendum - and through comments recently made by the German Defence Minister Ursula von der Leyenwho stated:-
How the USSR and EU are Governed
We now move to comparing how the USSR was governed with how the EEC(EU) is governed
Assembly, Council, Commission and Court of Justice (1958 - 1992)
Commission, Council, Parliament, Court of Justice (1993 - 2007)
EU Commission = EU Politburo = Unelected (Appointed) Commissioners, swear an Oath of Allegiance to the EU; make laws in secret for lobbying vested interest groups and for the benefit of EU "Ever closer Union" They are above the Law - Immune from Prosecution
According to the EU Treaties, most laws will be decided by the “ordinary legislative procedure” referred to in Article 294 TFEU: The Commission has the monopoly in proposing new legislation and amendments to existing laws.
EU Council of Ministers - The Council of Ministers decides on EU laws by a “qualified majority”. The definition of qualified majority has been changed by the Treaty of Lisbon.
EU Parliament - The European Parliament has the right to table amendments and to reject the entire proposed law by an absolute majority of its members.
IMPORTANT:IN REALITY, THE FULL FORMALITIES OF THIS GENERAL PROCEDURE ARE ONLY USED FOR 10% OF EU LAWS. SOME 90% OF THE LAWS ARE DECIDED IN PRACTICE BY INFORMAL COMPROMISES BETWEEN THE COMMISSION, THE COUNCIL AND THE PARLIAMENT. THEY ARE WORKED OUT IN SO-CALLED "TRIALOGUE. MEETINGS" BEFORE THE FIRST FORMAL READING IN THE COUNCIL.
THERE IS NO TRANSPARENCY AROUND THESE IMPORTANT MEETINGS
European Court of Justice - Not independent and works with the European Commission in order to promote the EU "Ever Closer Union" - Corpus Juris Legal System - English Common Law sidelined. EU's Europol is above the law - its operatives have Diplomatic immunity.
"The EU Court of Justice has decided that the EU treaties constitute the European Constitution and prevail over national law and national constitutions. The Charter of Fundamental Rights is legally binding according to art. 6 TEU. It prevails over national constitutions when EU law is being implemented by the member states – according to the Melloni-case from 2013."
Italicised blue text from Jens-Peter Blonde, 12 June 2016 Lisbon 12616 "Consolidated Readable Edition as amended by the Treaty of Lisbon in 2009, with all amendments until 2016" - www.euabc .com
Faux Democracy - modelled on the USSR version - no separation of power - the Lisbon Treaty (2007) contains an enabling act (Article 48)
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Congress of Soviets (1922-1936)
(All powerful (article 8, 1924 Soviet Constitution) Appointed Party officials.
Supreme Soviet (1936 - 1989)
(All powerful (article 30, 1936 Soviet Constitution) - only legislative branch - and article 108, 1977 Soviet Constitution; Two Chambers - Soviet of the Union and Soviet of the Nationalities - same number of elected deputies. Both Chambers elected a Chairman and four Deputies (Appointed)
Congress of People's Deputies and State Council (1989-1991) - Supreme Soviet became the permanent Parliament
in the 1989 Soviet legislative election - the first democratic elections
Executive Branch - Council of People's Commissars (1924 Soviet Constitution) and Council of Ministers (19977 Soviet Constitution) - Responsible for: Management of the national economy; five-year plan. Defend the interests of the state, socialist property and public order, and protect the rights of Soviet citizens ensure state security
Exercise general leadership of the Soviet armed forces and determine how many were to be drafted into service
Exercise general leadership over Soviet foreign relations; trade and the economic, scientific-technical and cultural cooperation of the USSR with foreign countries etc.
Supreme Court - the highest court in the land and in the Soviet Republics.It is not independent and worked with the Supreme Soviet. The Soviet Union used the inquisitorial system of Roman law, where the judge, procurator, and defense attorney collaborate to establish the truth (e.g. Corpus Juris). Subordinate agencies of the Procurator General exercised their functions largely unhindered - subordinate only to the Prosecutor's office.
Communist Party (Marxist Lenninist Communist Party)
Politburo - Principal policy making Committee of the Communist Party - determined the general development of Soviet society both in domestic and foreign policy; devised great works, central planning and the furtherance of Communism.
Appointed administrators (Nomenklatura's) held key positions in the Soviet bureaucracy, running all spheres of those countries' activity: government, industry, agriculture, education, etc., whose positions were granted only with approval by the communist party of each country or region
There was no real Democracy in the Soviet Union and no separation of power - any strong personality could rise to ultimate power.